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Spousal Domestic Violence & Battery Attorneys

Domestic violence cases are some of the most challenging matters in all of criminal law. In today’s environment, law enforcement and prosecutors tend to treat as true any allegation made against a person. In actuality, however, what appears on a police report rarely reflects the truth. This is because those claiming domestic violence regularly use the system as a backdoor method of eviction, as leverage to get child support, or as a basis for a U-Visa application. As a result, it is imperative that a person charged with domestic violence fight the allegations vigorously. As defense attorneys, our job is to make sure that the District Attorney has lawfully-obtained evidence that actually proves their case.

While the case is pending, however, it is common for the court to issue a Criminal Protective Order, effectively evicting from their own home the person against whom allegations have been made. This often has the effect of denying a parent the right to see their children, let alone the expense of having to stay somewhere other than where they pay rent or a mortgage. Further, even if the alleged victim wants to drop the charges or have the defendant return home, their wishes may not matter; the court and prosecutor can do whatever they want and they seem, given the age in which we live, to discount the wishes of the alleged victim and keep families separated—even in cases with little or no evidence—for the months and months it generally takes to complete a criminal case.

If you’ve been charged with domestic violence, you need an experienced attorney by your side. A domestic violence conviction can have ramifications with employment and immigration, let alone the criminal penalties and family separation issues. Call now.

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Criminal Lawyers & Defense FAQs

What Is An Arraignment?

Arraignment Definition Every criminal case has multiple stages: You have your arraignment, your pretrial conferences, your settlement conferences possibly preliminary hearings motions. Motions in limine

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What Is Bail?

Bail is a condition of release, typically you put up money to be released from jail that is bail. So if you’re charged with a

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Mens Rea

What Is A Mens Rea Example? Mens rea goes to your intent, your mind, your brain, when you do an action. For example, in criminal

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Assault Vs Battery

What Is The Difference Between Assault And Battery? The definition of assault in a criminal setting is putting someone under the reasonable beliefs that they

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Manslaughter Vs Murder

What’s The Difference Between Manslaughter And Murder? Manslaughter is when you to have an unintentional killing of a victim without any specific intent. An example

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Does the Police Need a Warrant to Arrest you? In What Circumstances Can a Police Officer Arrest You Without a Warrant?

No, the police do not need a warrant to arrest you. If a crime happens in their presence and they witness it, then they can arrest you. If they show up to a scene and they, based on probable cause, circumstances, and totality of the facts, feel that a crime was committed they can arrest you. In most cases, police make warrantless arrests all the time. For example, if you are driving and a police officer pulls you over and has a suspicion that you are driving under the influence, then they could remove you from the vehicle, ask you to take some tests and if there’s enough evidence to show the police officer that you are indeed intoxicated over the legal limit, he can make an arrest right then and there without a warrant. Another example: if a police officer shows up to your house because there was a call of domestic violence and a witness states that there was domestic violence they don’t need a warrant to arrest you. Those are some examples of warrantless arrests.

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